posted by admin on Feb 1

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1 A Yeah, I’ve testified on that on numerous

2 occasions, sure.

3 Q Oh, okay. Can you list for me any of those

4 numerous occasions where you’ve testified that the

5 timing of a baby’s brain damage occurred during a labor

6 and delivery process?

7 A I’ll name one, but I’m not going to give

8 you a long list. I’ve testified — I testified in

9 Dayton, Ohio about nine months ago that the cause of

10 the brain injury was forceps delivery.

11 Q Who’s the plaintiff’s attorney?

12 A Greg Gibson.

13 Q And that was nine months ago, correct?

14 A Yeah.

15 Q Okay. Sir, how much time have you spent

16 looking at all this material and talking to the

17 attorneys?

18 A Probably about six hours.

19 Q Have you ever worked with these defense

20 attorneys before?

21 A One time, yeah. I think I gave a


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1 deposition a couple years ago.

2 MR. J.: I was –

3 Q Do you remember the name of that case?

4 MR. J.: Just to correct that, I

5 wasn’t working with you. There was some other defense

6 counsel from another law firm on that case. I just

7 happened to be –

8 THE WITNESS: But this firm I think was –

9 MR. J.: I was a co-defendant in that

10 case.

11 THE WITNESS: Yeah.

12 A There was at least one other time, this

13 Weston, Hurd firm, because I remember the stationery.

14 It’s got the Terminal Tower on the front. You want –

15 Q Do you remember the name of the case, is

16 the question?

17 A No.

18 Q In that case, were you testifying about the

19 cause of the timing of a baby’s injury?

20 A Most likely, yeah.

21 Q Did you give a deposition where you are


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1 giving a deposition today?

2 MR. J.: Excuse me? I don’t

3 understand.

4 A You mean in the same court reporter –

5 Q Yes.

6 A Probably, yeah.

7 Q Okay. Are there any conference rooms at

8 the K.K.Institute?

9 A Yeah.

10 Q How many people can fit in a conference

11 room at the K.K.Institute?

12 A It depends. There’s one that you can

13 probably fit about 60 people in, and others about a

14 dozen.

15 Q And is there more than two conference rooms

16 at the K.K.?

17 A I think probably altogether there are about

18 eight.

19 Q Okay. Are they packed all hours of the

20 day?

21 A Pretty much.


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1 Q Do you ever schedule things in those

2 conference rooms?

3 A Sometimes.

4 MR. J.: I’m going to object to this

5 line of questioning. Go ahead.

6 A Well, you’d like to learn –

7 K.K.Institute, you might want to make a

8 donation.

9 Yeah, they’re packed. We have a hundred

10 thousand patient visits a year. We have 350 children

11 in our school. Fifteen hundred people work there. So

12 it’s — it’s a busy place.

13 Q The question is, do you ever schedule

14 things during any of those conference rooms?

15 A Yeah, sure. When it’s business or

16 teaching, sure.

17 Q Okay. Well, you do schedule visits there.

18 Why don’t you ever schedule a deposition at the

19 K.K.Institute?

20 A Well, I think it’s — it’s not really

21 official K.K.business. I think it would be


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1 inappropriate to use their resources. And it basically

2 is so crowded in terms of the schedule that it would be

3 difficult. And I think the main thing over the years

4 is that attorneys, I would say as a group, have a

5 difficult time staying within a definite time frame,

6 and that makes it difficult to schedule a conference

7 room when people are waiting.

8 A technique that’s often used is to kind of

9 keep you going for hours and hours as a form of, you

10 know, pressure. And I find that if there’s a

11 conference room where time is not an object, then it

12 kind of relieves that pressure.

13 Q Sir, you think it’s inappropriate to use

14 K.K.resources for your medical-legal work;

15 is that what you said?

16 A Well, given the fact that it’s so crowded,

17 and the fact that it’s so heavily scheduled, yeah. And

18 it’s not an official function of K.K.. In

19 other words, when I’m an expert, I’m an expert based on

20 my own personal knowledge. It’s not — I’m not

21 testifying on behalf of K.K..

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